Child Custody and Relocation Attorneys in Orange CA
When two parents share visitation or custody rights of a child or children in California, decisions regarding the children are made in the best interests of a child. If one parent wishes to relocate, the legal system does not determine whether the parent has the right to move, but whether the child can legally move with the parent.
Relocation cases, also called move away cases, are custody battles that can change the lives of the child and of both of the parents. Both the parent who wants to move away and the parent who is remaining at home should consult with a child custody lawyer in the OC.
Understanding Child Custody in California is a Key to Understanding Relocation Law
In California, a court will issue a custody and visitation order based on the best interests of the child. There are two types of custody arrangements: sole custody and joint custody.
Joint Custody - Under a joint custody arrangement, the child lives with both parents according to a set schedule.
Sole Custody - The child lives mostly with one parent, and that parent is responsible for day to day care of the child. A sole custody arrangement may also come with a visitation agreement, so that the parent without custody still has a right to spend time with the child.
Understanding a Relocation or Move Away Case in Southern California
When either parent wants to move in either a joint custody or a sole custody situation, a relocation case arises, because the move will likely disrupt the current visitation and custody arrangement and require a modification.
When a parent wants to relocate with the child, either parent can file for a modification of the child custody order. The parent who is relocating may request that the order be modified so that the child can also relocate, or the parent who is staying at home may request a modification so that the child can remain at home.
In a joint custody situation, the parents both have a right to spend time with the child, and the court must make a new decision regarding the child’s best interests.
In a sole custody situation, it has already been determined that it is in the best interest of the child to spend more time with one parent, and the assumption is that the child would stay with this parent whether they are the moving parent or the one remaining at home. Therefore, it is the responsibility of the other parent to show that relocation would be a detriment to a child. An Orange County child custody attorney can assist you in building your case.
Orange County Relocation and Child Custody Lawyer
Whether you are trying to relocate with a child, or you are trying to prevent the relocation of your child, your best bet is to hire a skilled child custody and relocation attorney who will keep the best interests of your child in mind throughout the case. At Yanez & Associates, our compassionate attorneys are here to help. Contact us today to schedule your free initial consultation.